The U.S. Senate Judiciary Committee voted along party lines to advance to the full Senate President Trump's nomination of Whitney Hermandorfer to the 6th Circuit Court of Appeals. During the committee hearing earlier this month, Hermandorfer faced questions about her experience and the president’s interpretation of the birthright citizenship issue but won praise from Tennessee's congressional delegation and state Attorney General Jonathan Skrmetti. Most recently serving as director of the Strategic Litigation Unit in Skrmetti’s office, Hermandorfer would replace Judge Jane Branstetter Stranch if confirmed. The committee also approved four other trial court nominees today, the first of Trump’s second term. Reuters has more on the action.

On June 25, Davidson County lawyer Robert Greene received a public censure from the Tennessee Supreme Court. While representing clients in defense of a lawsuit, Greene made an error in calendaring the trial date, which led him and his clients to not appear for trial and the court to enter a default judgment. The Supreme Court found that Greene was not forthright in subsequent communications with the clients about the trial date was missed. He then filed a motion to set aside the default judgment. The court found that the motion was frivolous as it was untimely filed and did not recite any legal authorities to support tolling of the statutory deadline. In an affidavit, Greene falsely claimed that the trial date was missed due to confusion with opposing counsel. He later filed a motion to withdraw that falsely claimed the clients had failed to provide certain documentation. He then paid a significant portion of the judgment out of personal funds, without prior notice or consent from his clients. These actions were determined to violate Rules of Professional Conduct 1.1, 1.2(a), 1.3, 1.4, 1.8(e), 1.16(d), 3.1, 3.3(a)(1) and 8.4.

On June 26, the Tennessee Supreme Court suspended Samuel Ervin White from the practice of law for five years, with two years to be served on active suspension and the remainder on probation. The court also ordered White to pay restitution to clients and engage a practice monitor. Complaints against White alleged that he failed to reasonably communicate with his clients, act in a diligent manner, expedite client litigation, timely respond to discovery requests and withdraw from representation following suspension. He also was accused of charging non-refundable fees, comingling client assets and misappropriating client funds. He agreed to a conditional guilty plea acknowledging his conduct violated Tennessee Rules of Professional Conduct 1.3, 1.4, 1.5, 1.16, 3.2, 3.4(c), 4.1 and 8.4(a)(d).

Several new state laws will take effect on July 1 that cover public safety, youth protections, health care, consumer rights and transportation, with several designed to address evolving concerns around substance abuse, road safety and emerging technologies. House Bill 995 expands Tennessee’s good Samaritan Law to offer legal immunity from certain alcohol-related misdemeanors — including underage drinking and public intoxication — for those who call 911 or assist someone in need. House Bill 72 imposes mandatory jail time and fines on anyone convicted of selling hemp-derived cannabinoid products — like THC gummies — to individuals under 21. Similarly, House Bill 751 increases penalties for exposing children to fentanyl, creating a felony offense for endangering a child in such a way. If the child is younger than 8 years old, the offense is upgraded to a Class B felony. The Tennessee Ledger looks at all the upcoming changes.

The Fourth Annual John Lewis Way March will be held July 19 beginning at 8 a.m. CDT at the corner of John Lewis Way and Jefferson Street in Nashville and end with a performance outside the National Museum of African American Music on Broadway. Evening activities will include a reception at 5 p.m., followed by a panel discussion. Visit the event website for more information.

Tennessee’s Flex Loan law, passed in 2014, has allowed high-interest lenders to trap borrowers in cycles of debt through repeated reborrowing, despite earlier state laws banning such practices for payday loans, a new report concludes. In a joint reporting project between Tennessee Lookout and ProPublica, borrowers described being encouraged through frequent emails and mailers to borrow back almost all of their loan payments, leading to ballooning debts and eventual lawsuits, even after paying far more than they initially borrowed. Critics argue the Flex Loan law’s structure enables predatory lending with interest rates effectively reaching over 279% while avoiding federal oversight. The reporting also found that despite complaints, regulatory responses have been minimal and lenders have continued aggressive collection tactics.

The U.S. Justice Department (DOJ) has announced it will try Kilmar Abrego Garcia on federal human smuggling charges in Tennessee before pursuing deportation to a third country, not his native El Salvador, according to the Associated Press. Abrego Garcia's attorneys, concerned he could be swiftly deported before trial, have asked U.S. District Judge Paula Xinis in Maryland to intervene and have him transferred there while awaiting court proceedings. Abrego Garcia — who has lived in Maryland for more than a decade, was deported to El Salvador in March and brought back to the states in June — has denied gang ties and pleaded not guilty to charges stemming from a 2022 traffic stop in Tennessee. Nashville-based U.S. Magistrate Judge Barbara Holmes has ruled for his conditional release pending trial, but yesterday delayed release due to concerns that Immigration and Customs Enforcement (ICE) would deport him before trial.

California legal scholar Eugene Volokh has filed a lawsuit in federal court challenging Tennessee’s law that limits public records access to state residents. After being denied court records by the Williamson County Archives due to his California residency, Volokh argues the restriction violates his rights under the First Amendment and the Privileges and Immunities Clause. His suit contends that court records are essential for his academic research and that denying access based on residency is an unjust barrier. Although the U.S. Supreme Court upheld a similar Virginia law, Volokh asserts his case is different because it involves constitutional, not merely statutory, rights. The Nashville Banner has the story.

The next free advice clinic for Black-owned small businesses and nonprofits is set for July 17 in Nashville.  The clinic, sponsored by the Arts & Business Council's Volunteer Lawyers & Professionals for the Arts and Bradley, provides assistance with business formation and corporate governance, review of contracts and guidance in navigating local ordinances and state regulations. Prospective clients should register by July 14. Attorneys should email vlpa@abcnashville.org to volunteer.

The TBA Law Office Technology & Management Section is presenting four webcasts in July. On July 8, catch “60 Legal Tech Tips, Tricks, Gadgets and Websites in 60 Minutes, which will focus on the latest developments in legal technology. On July 9, tune in for “AI in Law: Use Cases,” which will explore 30 impactful use cases of generative AI for lawyers, including in the areas of legal research, document drafting and practice management. On July 10, join colleagues for “The Evolving Ethics of Law Firm Cybersecurity: Practical and Budget-Friendly Tips.” This program will focus on affordable cybersecurity measures that should be considered to protect confidential data. And on July 11, wrap up with “Our Era of AI: Responsible AI & Microsoft Copilot,” which will look at how Microsoft embraces Responsible AI in its development of AI solutions and how the company’s legal department uses Copilot to achieve more.